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Alphabetical Index of all judgments on this web site as at 10 September 2024

Judgments indexed by Diocese:
2024 Judgments
2023 Judgments
2022 Judgments
2021 Judgments

Re Cottingley Hall Cemetery [2023] ECC Lee 1

Owing to a mistake by the burial authority, the remains of the petitioner's mother had been interred in a grave reserved for someone else. The petitioner applied for a faculty for exhumation of his mother's remains and their reinterment in the grave where they should have been interred. The Chancellor, following the guidance in Re Blagdon Cemetery [2002] 3 WLR 603, determined that an error in administration in this case amounted to an exceptional circumstance permitting the principal of permanence of Christian burial to be set aside, and he accordingly granted a faculty.

Re Coventry Road Cemetery Bedworth [2016] ECC Cov 1

The petitioner wished to have the cremated remains of her father exhumed from the cemetery at Bedworth and have them reinterred with the remains of her mother, already interred in a cemetery in Nuneaton, where three adjoining plots had already been reserved for family interments. The Chancellor determined that this was an appropriate case to allow the removal of remains to a family grave, within  the guidelines laid down in Re Blagdon Cemetery [2002] Fam 299.

Re Crigglestone Cemetery [2017] ECC Lee 3

The Chancellor refused to grant a faculty for the exhumation of the cremated remains of the petitioner's son so that they might be placed in a niche or columbarium in the garden of the petitioner's home.

Re Crowland Abbey [2021] ECC Lin 3

A faculty was sought to change the use of the parvise of the 15th century west porch of Crowland Abbey from a storage area to a chapel suitable for Eastern Orthodox worship, in anticipation of the completion of a sharing agreement between the priest in charge of Crowland Abbey and Archbishop Silousan Oner, of the Antiochian Orthodox Christian Archdiocese of the British Isles and Ireland. The project required the construction of an iconostasis at the eastern end of the parvise, a new floor covering, a reliquary, credence table, reading stand and curtains for the external windows. The Chancellor was content for the agreement to be completed and the works to be carried out. He accordingly granted a faculty.

Re Dawley Holy Trinity [2013] Stephen Eyre Ch. (Lichfield)

Faculty refused for exhumation of cremated remains from a family grave in one part of the churchyard to a double plot for cremated remains in another part of the same churchyard.

Re Doreen Payne Shottin (and others) deceased [2013] Geoffrey Tattersall Ch. (Manchester)

Faculty granted for the exhumation of the cremated remains of three family members from inside a church which had been closed for public worship, and reinterment in a family grave in a local cemetery.

Re East Finchley Cemetery [2022] ECC Lon 1

The Chancellor refused to grant a faculty for the exhumation of the mortal remains of his grandparents and great aunt, who died in 1921, 1951 a 1954 resepctively, in order that the remains might be cremated and scattered in Golders Green Cemetery, as the application was "far outside of the exceptions to the general and important rule relating to the finality of Christian burial set out in the leading case of Re Blagdon Cemetery [2002] Fam 299, Court of Arches."

Re East Sheen Cemetery [2024] ECC Swk 1

The 16 months old child of Italian parents living in England died following a fall whilst the family were on holiday in the Netherlands. The child’s cremated remains were brought back to England and interred in a consecrated part of East Sheen Cemetery. It was always the parents’ intention to move back to Italy and they treated the interment as temporary until they could return to Italy and inter the child’s ashes there. They were not told that the ashes were interred in consecrated ground and that exhumation from consecrated ground would not be granted unless there were exceptional circumstances. If they had been informed about the consequences, the parents would not have had their child’s ashes interred in consecrated ground. Upon an application by the parents for exhumation before returning to live in Italy, the Chancellor considered that a mistake had been made which would allow an exception to the normal rule against exhumation and he therefore granted a faculty.

Re Edgewell Cemetery [2023] ECC New 4

The petitioner applied for a faculty to authorise the exhumation of a relative and reinterment in an adjoining grave. The relative had reserved two plots, one for her sister and one for herself. Owing to a mistake, the relative was buried in her sister's grave. The Chancellor determined that the mistake justified the grant of a faculty for exhumation and reinterment.

Re Emley St. Michael the Archangel [2020] ECC Lee 2

The incumbent and churchwardens sought a faculty to authorise the repair of a section of collapsed wall between the churchyard and two adjoining properties. One of the adjoining owners objected on the ground that work should not be done without work on the roots of some adjacent trees. The Chancellor granted a faculty, being satisfied that the wall needed repairing. If there was a tree preservation order in place, which required a further consent from the local authority for removal of the trees (should that be required), then a further faculty may be needed. The Chancellor expressed the hope that the parties could resolve their differences regarding the trees.